§ 2044. — Payment of fine with bond money.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2044]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 129--MONEYS PAID INTO COURT
Sec. 2044. Payment of fine with bond money
On motion of the United States attorney, the court shall order any
money belonging to and deposited by or on behalf of the defendant with
the court for the purposes of a criminal appearance bail bond (trial or
appeal) to be held and paid over to the United States attorney to be
applied to the payment of any assessment, fine, restitution, or penalty
imposed upon the defendant. The court shall not release any money
deposited for bond purposes after a plea or a verdict of the defendant's
guilt has been entered and before sentencing except upon a showing that
an assessment, fine, restitution or penalty cannot be imposed for the
offense the defendant committed or that the defendant would suffer an
undue hardship. This section shall not apply to any third party surety.
(Added Pub. L. 101-647, title XXXVI, Sec. 3629(a), Nov. 29, 1990, 104
Stat. 4966.)
Effective Date
Section effective 180 days after Nov. 29, 1990, and applicable with
respect to certain actions for debts owed the United States pending in
court on that effective date, see section 3631 of Pub. L. 101-647, set
out as a note under section 3001 of this title.
